Patna High Court
Asmati BegamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court directed the District Programme Officer to take a final decision on the petitioner’s posting within twelve weeks.
Summary
The petitioner, Asmati Begam, a teacher on deputation at a middle school in Patna, filed a writ petition seeking a direction to the District Education Officer and District Programme Officer to act on a Bihar Human Rights Commission observation and grant her a regular posting. She argued that similarly situated colleagues had received regular postings, while she remained on deputation despite only four years remaining before superannuation. The State contended that the facts were admitted and the decision lay with the authorities based on school needs. The Court, after reviewing the petition and annexures, ordered the District Programme Officer to make a final decision on the petitioner’s posting within twelve weeks. The writ petition was thereby disposed with the said direction.
Issues considered
- Whether the authorities are required to act on the Bihar Human Rights Commission observation and grant the petitioner a regular posting as an Assistant Teacher.
- Whether the petitioner is entitled to relief under the extraordinary writ jurisdiction for her continued deputation status.
Subjects
- writ jurisdiction
- extraordinary writ
- deputation
- regular posting
- education department
- human rights commission
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.64 of 2026
======================================================
Asmati Begam, W/o Md. Shahnawaz Ali, Resident of Village- B-25, Indrapuri
Colony, Ashiyana Digha Road, P.O.- B.V.C. Campus, P.S.- Shastri Nagar,
District- Patna, Bihar- 800014 posted Urdu Primary School, Chowk
Shikarpur, Patna City, Anchal- Malsalami, District- Patna at present on
deputation as Assistant Teacher Middle School Khajpura Patna Sadar, Block,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, Bihar, New Secretariat, Patna.
2. The Director, Primary Education, Bihar, New Secretariat, Patna.
3. District Education Officer, Patna.
4. District Programme Officer (Establishment), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Md. Shahnawaz Ali, Adv.
For the Respondent/s : Mr. Kumar Alok, SC-7
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 08-01-2026 Heard the parties.
2. The petitioner has invoked the extraordinary writ
jurisdiction of this Court seeking a direction upon the
respondents-District Education Officer, Patna and the District
Programme Officer (Establishment), Patna to consider the
observation made by the Bihar Human Rights Commission
passed under Memo No.155/2019/17845 dated 16.09.2019 as
contained in Annexure-P/4 and take a final decision for posting
of the petitioner in the Middle School, Khajpura as Assistant
Patna High Court CWJC No.64 of 2026(2) dt.08-01-2026
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Teacher, wherein she has been satisfactorily discharging her
duty as Assistant Teacher on deputation since long.
3. The learned Advocate for the petitioner submitted
that, taking note of the difficulties being faced by the petitioner,
on her request she was allowed to continue as Assistant Teacher
on deputation in the Middle School, Khajpura. Later on, other
identically situated persons who were also posted in the said
school on deputation, in their cases orders have been passed for
their regular posting in the said school, but till date no final
decision has been taken in the case of the petitioner; nonetheless
she has been discharging her duty as Assistant Teacher on
deputation for long. Moreover, only four years left for the
petitioner in her superannuation from the post of Assistant
Teacher, and as such he is seeking a sympathetic consideration
from the concerned authorities.
4. Mr. Kumar Alok, the learned Advocate for the
State, has submitted that the facts are admitted to the extent
that the petitioner has been posted as an Assistant Teacher
on deputation in the Middle School, Khajpura, and it is for
the concerned authorities to consider the utilization of the
petitioner in the case of the students and the school.
5. Having considered the submissions advanced by
Patna High Court CWJC No.64 of 2026(2) dt.08-01-2026
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the learned Advocate for the respective parties and taking note
of the materials available on record, especially Annexures-P/3
and P/6 to the writ petition, the present application stands
disposed off with a direction to respondent no.4, District
Programme Officer (Establishment), Patna, to take a final
decision in the matter of the petitioner, preferably within a
period of twelve weeks from the date of receipt/production of a
copy of this order, keeping in mind Annexures-P/3 and P/6 to
the writ petition.
6. This disposes the writ petition.
(Harish Kumar, J)
rohit/-
U
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